Pennsylvania Act 2003-63 — GAME CODE (34 PA.C.S.) - JURISDICTION AND PENALTIES, SUSPENSION OF LICENSES, UNLAWFUL TAKING OR POSSESSION OF GAME OR WILDLIFE, DENIAL OR REVOCATION OF LICENSE AND LICENSE COSTS AND FEES

Act text

GAME CODE (34 PA.C.S.) - JURISDICTION AND PENALTIES, SUSPENSION OF
  LICENSES, UNLAWFUL TAKING OR POSSESSION OF GAME OR WILDLIFE, DENIAL OR
             REVOCATION OF LICENSE AND LICENSE COSTS AND FEES
                  Act of Dec. 30, 2003, P.L. 436, No. 63              Cl. 34
                             Session of 2003
                               No. 2003-63

     SB 586

                                  AN ACT

     Amending Title 34 (Game) of the Pennsylvania Consolidated
        Statutes, further providing for jurisdiction and penalties;
        providing for suspension of licenses; and further providing
        for unlawful taking or possession of game or wildlife, for
        denial or revocation of license and for license costs and
        fees.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 925(b), 929 and 2307(e) of Title 34 of
     the Pennsylvania Consolidated Statutes are amended to read:
      § 925.  Jurisdiction and penalties.
        * * *
        (b)  Fines and penalties for violations.--In addition to any
     other requirements of this title, the following fines and
     penalties shall be imposed for violations of this title:
            (1)  Misdemeanor of the first degree, not less than
        $2,000 nor more than $10,000 and may be sentenced to
        imprisonment up to six months.
            (2)  Misdemeanor of the second degree, not less than
        $1,000 nor more than $5,000 and may be sentenced to
        imprisonment up to six months.
            (3)  Misdemeanor of the third degree, not less than $500
        nor more than $2,500 and may be sentenced to imprisonment up
        to six months.
            (4)  Summary offense of the first degree, [$800] not less
        than $500 nor more than $1,500.
            (5)  Summary offense of the second degree, [$500] not
        less than $300 nor more than $800.
            (6)  Summary offense of the third degree, [$300] not less
        than $200 nor more than $500.
            (7)  Summary offense of the fourth degree, [$200] not
        less than $100 nor more than $300.
            (8)  Summary offense of the fifth degree, [$100] not less
        than $75 nor more than $200.
            (9)  Summary offense of the sixth degree, [$75] not less
        than $50 nor more than $100.
            (10)  Summary offense of the seventh degree, [$50] not
        less than $25 nor more than $75.
            (11)  Summary offense of the eighth degree, $25.
     In addition to the imposition of any fines, costs of prosecution
     shall also be assessed pursuant to 42 Pa.C.S. §§ 1725.1
     (relating to costs) and 3571 (relating to Commonwealth portion
     of fines, etc.).
        * * *
      § 929.  Revocation, suspension or denial of license, permit or
                registration.
        (a)  General rule.--Except as otherwise provided in this
     title, any hunting or furtaking license, special license or
     permit or registration granted under the authority of this title
     may be revoked or suspended by the commission when the holder of
     the license, permit or registration is convicted of an offense
     under this title or has acted contrary to the intent of the
     [license, special license,] registration or permit, with each
     offense constituting a separate violation subject to separate
     revocation. The commission may refuse to grant to that person
     any [new license, special license or] permit or registration and
     may deny any privilege granted by these documents for a period
     not exceeding five years unless otherwise provided in this
     title.
        (a.1)  Remedial hunter education course.--A person whose
     privilege to hunt with or without a license anywhere in this
     Commonwealth is revoked or suspended under a provision of this
     title requiring mandatory revocation or suspension shall, in
     order to obtain restoration, present evidence of the successful
     completion of a remedial hunter education course as provided by
     the director and approved by the commission prior to obtaining a
     license. This course may be taken no earlier than three months
     prior to the end of the period of revocation. The commission
     shall promulgate regulations establishing the curriculum,
     administration and any associated fees of such a remedial
     course, which fees shall bear a reasonable relationship to the
     costs of providing the course and the course materials.
        (a.2)  Vision examination and drug and alcohol education
     program.--A person whose privilege to hunt with or without a
     license anywhere in this Commonwealth is revoked or suspended
     under section 2522(c) (relating to shooting at or causing injury
     to human beings), in order to obtain restoration, shall present
     evidence of having taken a vision examination under section
     2522(c) and, if required by the commission, present evidence of
     having successfully completed an alcohol and drug education
     program under section 2522(h).
        (b)  Regulations.--The commission may promulgate regulations
     specifying the procedures to be followed in revoking any hunting
     and furtaking privileges, licenses, permits and registrations
     granted under the provisions of this title.
      § 2307.  Unlawful taking or possession of game or wildlife.
        * * *
        (e)  Penalties.--A violation of this section relating to:
            (1)  Threatened or endangered species is a misdemeanor of
        the second degree.
            (2)  Elk or bear is a summary offense of the first
        degree.
            (3)  Deer is a summary offense of the second degree.
            (3.1)  Deer killed as a result of negligence or
        carelessness as provided for in section 2306(c) (relating to
        killing game or wildlife by mistake) is a summary offense
        punishable by a fine of not less than $100 nor more than
        $500.
            (4)  Bobcat or otter is a summary offense of the third
        degree.
            (5)  Wild turkey or beaver is a summary offense of the
        fourth degree.
            (6)  Any other game or wildlife is a summary offense of
        the fifth degree.
        * * *
        Section 2.  Section 2706 of Title 34 is amended by adding a
     subsection to read:
      § 2706.  Resident license and fee exemptions.
        * * *
        (e)  Military personnel hunting licenses.--Resident military
     personnel hunting licenses shall be issued by the commission or
     county treasurer to persons who satisfy all of the following
     requirements:
            (1)  Are residents of this Commonwealth.
            (2)  Are on active and full-time duty in the United
        States Armed Forces.
            (3)  Are assigned to a facility outside this
        Commonwealth.
            (4)  Are on temporary leave in this Commonwealth.
     Such persons shall comply with the regulations of the
     commission.
        Section 3.  Sections 2709(a) and 2741 of Title 34 are amended
     to read:
      § 2709.  License costs and fees.
        (a)  License costs.--Any person who qualifies under the
     provisions of this chapter shall be issued the applicable
     license upon payment of the following costs and the issuing
     agent's fee:
            (1)  (i)  Junior resident hunting - $5.
                (ii)  Junior resident combination hunting and
            furtaker - $8.
            (2)  (i)  Adult resident hunting - $19.
                (ii)  Resident military personnel hunting - $1.
            (3)  (i)  Senior resident hunting - $12.
                (ii)  Senior lifetime resident hunting - $50.
                (iii)  Senior lifetime resident combination hunting
            and furtaker - $100.
            (4)  Bear hunting:
                (i)  Resident - $15.
                (ii)  Nonresident - $35.
            (5)  Antlerless deer:
                (i)  Resident, including resident military, resident
            disabled veteran and landowner - $5.
                (ii)  Nonresident - $25.
            (6)  Archery deer:
                (i)  Resident - $15.
                (ii)  Nonresident - $25.
            (7)  Muzzleloader deer:
                (i)  Resident - $10.
                (ii)  Nonresident - $20.
            (8)  (Reserved).
            (9)  Adult nonresident hunting - $100.
            (10)  (i)  Junior nonresident hunting - $40.
                (ii)  Junior nonresident combination hunting and
            furtaker - $50.
            (11)  Seven-day nonresident small game - $30.
            (12)  Junior resident furtakers - $5.
            (13)  Adult resident furtakers - $19.
            (14)  (i)  Senior resident furtakers - $12.
                (ii)  Senior lifetime resident furtaker - $50.
            (15)  Adult nonresident furtaker - $80.
            (16)  Junior nonresident furtaker - $40.
            (17)  Resident disabled veteran hunting or furtaker under
        section 2706(b) (relating to disabled veterans) - no cost.
            (18)  Replacement license - $5. Antlerless deer and bear
        licenses shall be replaced by the original issuing agent
        only.
            (19)  Owners or possessors of land open to public hunting
        under section 2706(d) (relating to owners or possessors of
        land open to public hunting) - $3.
            (20)  Migratory game bird hunting license:
                (i)  Resident - $2.
                (ii)  Nonresident - $5.
            (21)  Elk hunting license:
                (i)  Resident - $25.
                (ii)  Nonresident - $250.
        * * *
      § 2741.  Denial or revocation of licenses.
        (a)  Grounds for denial.--A hunting or furtaking license
     shall be refused any person who:
            (1)  Has been denied the privilege to secure that license
        in any manner by this title.
            (2)  Has been certified to the commission by a licensed
        medical authority or by any court of this Commonwealth having
        jurisdiction to be mentally or physically unfit or addicted
        to alcohol or controlled substances to the degree that the
        person is unfit to exercise any of the privileges of this
        title.
        (b)  Violations.--In addition to any penalty and costs
     imposed by this title, the commission may revoke any hunting or
     furtaking license and deny any person the privilege to secure a
     license or to hunt or take furbearers anywhere in this
     Commonwealth, with or without a license, if the licensee or
     person:
            (1)  Has either been convicted or signed an
        acknowledgment of guilt of violating any of the provisions of
        this title for such periods as are specified in this
        subchapter.
            (2)  Has been accused of having violated any of the
        following provisions [of Chapter 25 (relating to protection
        of property and persons)] even though such person has not
        been convicted of a violation of [that chapter.] these
        sections:
                Section 2501 (relating to hunting or furtaking
            prohibited while under the influence of alcohol or
            controlled substance).
                Section 2505 (relating to safety zones).
                Section 2509 (relating to damage to property).
                Section 2522 (relating to shooting at or causing
            injury to human beings).
                Section 2523 (relating to rendering assistance after
            incidents).
        (c)  Authority of court.--Any district justice or court
     having jurisdiction in any case coming before it involving any
     of the offenses contained in this title may revoke a hunting or
     furtaking license and deny the privilege to secure a license or
     to hunt or take furbearers anywhere in this Commonwealth, with
     or without a license, as set forth in this title.
        Section 4.  This act shall take effect as follows:
            (1)  The addition of 34 Pa.C.S. § 2706(e) shall take
        effect July 1, 2004.
            (2)  The remainder of this act shall take effect in 60
        days.

     APPROVED--The 30th day of December, A. D. 2003.

     EDWARD G. RENDELL